The intervenor, ADM-Agri Industries Limited, requested reconsideration of a 1991 Board decision certifying the applicant union for employees of McCarthy Milling Limited, arguing the Board lacked constitutional jurisdiction because the flour mill was a federal work.
The union brought a preliminary motion to dismiss the reconsideration request.
The Board granted the union's motion, declining to entertain the reconsideration request.
The Board noted that the union and ADM had subsequently negotiated a collective agreement, meaning the bargaining rights from the original certificate had merged into the agreement.
Reconsidering the 1991 certificate would not resolve the ongoing constitutional issues between the union and ADM, and the Board declined to address complex constitutional questions in the context of a delayed reconsideration request.
